Darrow v. . Calkins
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1896,-which vacated and set aside an interlocutory, judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granted a motion for a new trial under section 1001 of the Code of Civil Procedure. The action was for partition of certain lands in the city of Brooklyn.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 12, 1896,-which vacated and set aside an interlocutory, judgment in favor of plaintiffs, entered upon a decision of the court on trial at Special Term, and granted a motion for a new trial under section 1001 of the Code of Civil Procedure. The action was for partition of certain lands in the city of Brooklyn. The plaintiffs, as children and heirs at law of one Edwin J. Darrow, who died intestate ¡November 13th, 1864, claimed title to one undivided half of such land, subject to…
1Opinion of the Court
Andrews, Ch. J.
We are relieved on this appeal from the inquiry which frequently arises between copartners and copartnership and individual creditors, whether real estate purchased and conveyed to the copartners during the existence of the firm, by a conveyance which in form created a tenancy in common, is to be regarded as belonging to them collectively as partnership property, or as the individual property of each according to the interests disclosed on the face of the deed. The finding of the trial court, which is not assailed by any exception, is express, that the lands purchased by Daniel…
2Cases cited6 opinions
- Fairchild v. . FairchildNew York Court of Appeals · 1876
- Shanks v. KleinSupreme Court of the United States · 1881
- Collumb v. . ReadNew York Court of Appeals · 1862
- Howell v. . LeavittNew York Court of Appeals · 1884
- Shearer v. ShearerMassachusetts Supreme Judicial Court · 1867
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3Cited by48 opinions
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- Silberman v. BlodgettSupreme Court of Connecticut · 1926
- Williams v. DovellCourt of Appeals of Maryland · 1953
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